Canada Line to appeal award to Susan Heyes for business damages

No surprise, Canada Line is planning to appeal the recent court decision that awarded $600,000 to former Cambie business owner Susan Heyes for losses caused to her business by construction.

As I said in previous stories, it was hard to imagine this decision wouldn’t be appealed, given the ramifications it has for construction projects across the country. Not to mention the other Cambie businesses now lining up to sue on similar grounds.

But Susan isn’t happy about it, as you can read in her email

SUSAN HEYES OUTRAGED BY CANADA LINE’S DECISION TO APPEAL

Vancouver, June 19, 2009 – Susan Heyes, sole proprietor of Hazel & Co., is outraged that Canada Line Rapid Transit Inc., Translink and InTransit BC are appealling the May 27, 2009 decision of the Supreme Court of British Columbia that awarded her compensation for the nuisance caused by the lengthy period of open excavation during the construction of the Canada Line.

“I am hanging by a financial thread,” said Ms. Heyes, “Any further delays in receiving the full award of compensation, including costs and interest, will place my livelihood in great jeopardy.”

After four years of enduring extreme hardship and relentless efforts to achieve fair treatment, Ms. Heyes is deeply disappointed that justice is once again being delayed. Substantial further costs will now be incurred by this appeal of Justice Pitfield’s decision in her case.

“Government is quick to bail-out large corporations. Yet the very backbone of our economy, small businesses, are being treated with such disrespect,” said Ms. Heyes, “Small businesses deserve better than bankruptcy when government-funded mega-projects impact their life’s work.”

The Canada Line is a for-profit, private venture (P3) funded with taxpayers’ money. A small number of citizens are bearing an unfair burden for a project being built for the public good and for the profit of a large corporation.